LAKE COUNTY ? A jury found Erik Michael McPherson, 19, guilty of voluntary manslaughter Tuesday in the death of Nicolai Chukreef, according to press releases from the defense and prosecution.
McPherson and Chukreef were involved in an argument that became a physical fight outside the Harbor Lite Resort in Clearlake on the night of May 4, 2008, according to a press release from Lake County Chief Deputy District Attorney Richard Hinchcliff. The jury deliberated for more than three days, according to McPherson”s defense attorney, Stephen Carter.
“This is a fantastic result for our client. The prosecution tried very hard for murder here and did not get it. Avoiding the murder charge means that Mr. McPherson will be out of jail in a minimum of four and a maximum of 12 years,” Carter said, adding that McPherson would be out of prison before age 30 regardless of his sentence.
The prosecution and defense both said there were no eyewitnesses to the stabbing. According to Hinchcliff”s release, McPherson was seen running away from the scene immediately before Chukreef collapsed from a stab wound to his heart. McPherson was arrested on a murder charge in connection with the stabbing three days later. Lake County Deputy District Attorney John DeChaine prosecuted the case.
Hinchcliff”s release said evidence presented during the approximately three-month trial indicated Chukreeff was the initial aggressor in the fight, and his death was the result of McPherson”s “unreasonable use of deadly force.”
Carter said he hired investigator Rob Zehrung, who “saw holes in the case” from the start, interviewing witnesses whom law enforcement officials had not interviewed.
“Rob found people who had doubts as to whether or not Erik (McPherson) really murdered anyone or whether it was mutual combat,” Carter wrote in his release.
Carter said the knife was never found and no physical evidence connected McPherson to Chukreef”s death.
Department of Justice Senior Criminalist Richard Mike Waller testified that bruises found on Chukreef”s back were likely caused by whipping with McPherson”s belt, according to Hinchcliff”s release. The release says the size, shape design and pattern of metal studs on the belt matched the bruises on Chukreef”s back, including gaps created where studs were missing from the belt.
Carter said he will file an appeal. His wife and law partner, Angela Carter, said appeals are standard procedure in the state.
“There were many things that were kept from the jury by the court and those things need to be addressed by an appeal. Even if the case is reversed on appeal, murder is off the table forever now that Erik has been acquitted on that charge,” Angela Carter said.
Contact Tiffany Revelle at trevelle@record-bee.com, or call her directly at 263-5636, ext. 37.
